DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1,3,6,10,13,14,18,21 and 24 have been amended.
Claims 5,8,9,20,23 and 25-41 have been cancelled.
Claims 1-4,6,7,10-19,21,22 and 24 are pending and examined as follows:
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. GB1911710.0, filed on 8/15/2019.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4,6,7,10-16,18,19,21 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Leung et al (US 8,888,073) in view Mazza (US 3,628,444).
With regards to claim 1, Leung et al discloses an apparatus for the preparation of aerated drinks (carbonated beverage appliance, Title), comprising an aerator stage comprising a removable aerator bottle defining a chamber for receiving a liquid to be aerated (bottle 20, Fig. 1); an aerator bottle interface operative to engage the removable aerator bottle and seal the chamber thereof (carbonating head assembly 18, Fig. 4-7 and 11-16), a gas inlet line operative to fluidly connect a gas source to the aerator bottle interface (compressed gas from gas cylinder 40 is then injected into the liquid within the bottle 20 through the carbonating tube 30 to produce a carbonated beverage, col 4, lines 39-41); and a gas supply mechanism for controlling supply of gas from the gas source to the aerator bottle interface via the gas inlet line (cylinder attachment head 36 for controlling supply of gas from gas cylinder 40 to carbonating head 18 via plunger 42 and bore 34 to the nozzle 32 of carbonating head 18, Fig. 11); an aerated liquid dispenser outlet (dispensing nozzle 66, Fig. 1); a liquid outlet line operative to fluidly connect the aerator bottle interface to the aerated liquid dispenser outlet to allow aerated liquid to flow from the chamber of the removable aerator bottle to the aerated liquid dispenser outlet (fluid flow pathway 62 operative to fluidly connect the carbonating head assembly 18 to the dispensing nozzle 66 to allowed carbonated liquid to flow from bottle 20 to dispensing nozzle 66, col 5, lines 7-14); and a liquid flow controller for controlling discharge of aerated liquid from the removable aerator bottle to the aerated liquid dispenser outlet via the liquid outlet line (a valve assembly 68 is positioned within the fluid flow pathway 62 to control the flow of liquid therethrough, col 4, lines 64-65).
Leung et al does not disclose wherein: the apparatus further comprises a flavoring liquid dispenser comprising a flavoring liquid dispenser outlet; and the flavoring liquid dispenser comprises a flavor dispenser mechanism that is activated by gas pressure from the removable aerator bottle.
Mazza teaches an apparatus for production of aerated beverages wherein the apparatus further comprises a flavoring liquid dispenser comprising a flavoring liquid dispenser outlet (a punching tool 7 and supporting member 1 having a cartridge 4 containing a liquid-flavoring substance 5 which allows flavored liquid out of an extension 6, Fig. 1 and 3) and the flavoring liquid dispenser comprises a flavor dispenser mechanism is activated by gas pressure from the removable aerator bottle (a pressurized gas (such CO.sub.2, compressed air) or with water at the pressure of the main, to establish a communication between the bore 11 and the atmosphere directly to cartridge 4, col 2, lines 44-46).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Leung et al and Mazza before him or her, to modify the aerator stage and dispensing arm of Leung et al to include the punching tool and flavoring liquid dispenser as taught by Mazza because the combination allows various flavors for a user using a beverage appliance.
With regards to claim 2, Leung et al discloses wherein the apparatus is configured to transfer aerated liquid from the removable aerator bottle to the aerated liquid dispenser outlet using gas pressure in the sealed chamber (depression of the button 74 on the top of the appliance 10 causes the valve 68 to open, and the pressure from the gas cylinder 40 pushes the carbonated liquid from bottle 20 up through the tube 60 and out of the dispensing nozzle 66, col 5, lines 39-43).
With regards to claim 3, Leung et al discloses wherein the liquid flow controller comprises a valve and a flow regulator operative to maintain a substantially constant flow rate of aerated liquid from the liquid dispenser outlet as aerated liquid is discharged from the removable aerator bottle to the aerated liquid dispenser outlet (valve assembly 68 comprises a plunger 70 that opens and closes and a spring 72 that regulates flow through the valve assembly 68, Fig. 12).
With regards to claim 4, Leung et al discloses wherein the liquid outlet line comprises a dip tube having an opening for receiving aerated liquid positioned at a lower part of the chamber when the removable aerator bottle is engaged by the aerator bottle interface (depression of the button 74 on the top of the appliance 10 causes the valve 68 to open, and the pressure from the gas cylinder 40 pushes the carbonated liquid up through the tube 60 positioned at a lower part of bottle 20 and out of the dispensing nozzle 66,col 5, lines 39-42).
With regards to claim 6, Mazza teaches wherein the flavoring liquid dispenser outlet is positioned adjacent the aerated liquid dispenser outlet (cartridge 4 is adjacent to duct 18 connected vessel 16 of carbonated water drawn from suitable reservoir, Fig. 1).
With regards to claim 7, Mazza teaches wherein the flavoring liquid dispenser outlet and aerated liquid dispenser outlet are configured to perform in-air mixing outside of the apparatus (pressured gas is supplied to central bore 11 through cartridge 4 to mix air and liquid in collecting vessel 16, Fig. 1).
With regards to claim 10, Mazza teaches wherein the apparatus further comprises a gas outlet line for supplying gas from the aerator to the flavoring liquid dispenser (a pressurized gas (such CO.sub.2, compressed air) or with water at the pressure of the main, to establish a communication between the bore 11 and the atmosphere directly to cartridge 4, col 2, lines 44-46).
With regards to claim 11, Mazza teaches wherein the gas outlet line is operative to supply gas from the removable aerator bottle to the liquid dispenser includes a gas outlet provide in the arerator bottle interface (a pressurized gas (such CO.sub.2, compressed air) or with water at the pressure of the main from duct 12, to establish a communication between the bore 11 and the atmosphere directly to cartridge 4, col 2, lines 44-46).
With regards to claim 12, Mazza teaches wherein the apparatus further comprises a gas outlet valve for controlling discharge of gas from the aerator stage to the flavor dispenser mechanism via the gas outlet line (duct 12 with valve 15 supplies a pressurized gas (such CO.sub.2, compressed air) or with water at the pressure of the main, to establish a communication between the bore 11 and the atmosphere directly to cartridge 4, col 2, lines 44-46).
With regards to claim 13, Mazza teaches wherein the flavoring liquid dispenser is configured to dispense flavoring liquid from a flavor capsule received in the flavoring liquid dispenser (member 1 is configured to dispense liquid-flavoring substance 5 from a cartridge 4 received in the member 1, Fig. 1).
With regards to claim 14, Mazza teaches wherein the flavor dispenser mechanism is operative to perform one or more of the following functions: open a flavor capsule received in the flavoring liquid dispenser (cartridge 4 is opened and punch by punching tool 7 to allow gas to push substance 5 through extension 6, Fig. 1); drive the flavoring liquid out from the opened flavor capsule towards flavoring dispenser outlet (cartridge 4 is opened and punch by punching tool 7 to allow gas to push substance 5 through extension 6, Fig. 1).
With regards to claim 15, Mazza teaches wherein the flavor dispenser mechanism comprises a capsule opening mechanism operative to apply a dispensing force to a flavor capsule received in the flavoring liquid dispenser (punching tool 7 operative to apply a central bore 11 to open cartridge 4 and pressurized gas to force substance 5 out, Fig. 1, col 2, lines 44-50).
With regards to claim 16, Mazza teaches where the capsule opening mechanism is driven by gas pressure from the aerator stage (punching tool 7 driven with a pressurized gas (such CO.sub.2, compressed air) or with water at the pressure of the main, to establish a communication between the bore 11 and the atmosphere directly, or to provide the central bore with a feeding stream composed of a combination of the above-mentioned feeds, col 2, lines 44-49).
With regards to claim 18, Leung et al discloses a method of preparing an aerated liquid using an aerator device (a method of using a carbonated beverage appliance 10), the method comprising filling a chamber of a removable aerator bottle with liquid (filling bottle 20, Fig. 1); attaching the removable aerator bottle to an aerator bottle interface of the aerator device and sealing the chamber (attaching bottle 20 to carbonating head assembly 18, Fig. 5); aerating the liquid in the chamber of the removable aerator bottle by transferring pressurized gas to the chamber; and subsequently transferring aerated liquid from the chamber of the removable aerator bottle to a receptacle via an aerated liquid dispenser outlet connected to the aerator bottle interface by a liquid outlet line (the button 74 is in operative communication with the plunger 42 of the gas cylinder attachment head 36 such that when the button 74 is depressed, pressurized gas flows from the gas cylinder 40 into the bottle 20 to maintain carbonation of the liquid therein and also to generate enough pressure within the bottle 20 to force the carbonated liquid from the bottle, up through the detachable tube 60 and out of the dispensing arm 64, col 5, lines 15-23).
Leung et al does not disclose wherein the method further comprises dispensing a flavoring liquid from a flavoring liquid dispenser into the receptacle, the flavoring liquid dispenser comprising a flavor dispenser mechanism; and the step of dispensing the flavoring liquid from the flavoring liquid dispenser comprises activating the flavor dispenser mechanism using gas pressure from the removable aerator bottle.
Mazza teaches wherein the method further comprises dispensing a flavoring liquid from a flavoring liquid dispenser into the receptacle (dispensing liquid flavoring substance 5 from cartridge 4, Fig. 3), the flavoring liquid dispenser comprising a flavor dispenser mechanism (member 1 comprising a cartridge 4, Fig. 3); and the step of dispensing the flavoring liquid from the flavoring liquid dispenser comprises activating the flavor dispenser mechanism using gas pressure from the removable aerator bottle (pressurized gas from central bore 11 is used to move substance 5 through cartridge 4, Fig. 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Leung et al and Mazza before him or her, to modify the aerator stage and dispensing arm of Leung et al to include the punching tool and flavoring liquid dispenser as taught by Mazza because the combination allows various flavors for a user using a beverage appliance.
With regards to claim 19, Leung et al discloses wherein the step of transferring aerated liquid from the chamber of the removable aerator bottle to the receptacle is achieved substantially using gas pressure developed in a head of the chamber during the aeration step to discharge aerated liquid from the chamber of the removable aerator bottle (the button 74 is in operative communication with the plunger 42 of the gas cylinder attachment head 36 such that when the button 74 is depressed, pressurized gas flows from the gas cylinder 40 into the bottle 20 to maintain carbonation of the liquid therein and also to generate enough pressure within the bottle 20 to force the carbonated liquid from the bottle, up through the detachable tube 60 and out of the dispensing arm 64, col 5, lines 15-23).
With regards to claim 21, Mazza teaches wherein the flavoring liquid dispenser has a flavoring liquid dispenser outlet positioned adjacent the aerated liquid dispenser outlet (cartridge 4 is adjacent to duct 18 connected vessel 16 of carbonated water drawn from suitable reservoir, Fig. 1).
With regards to claim 22, Mazza teaches wherein the method further comprises substantially simultaneously dispensing flavoring liquid and aerated liquid into the receptacle to achieve in-air mixing of the flavoring liquid and aerated liquid (pressured gas is supplied to central bore 11 through cartridge 4 to mix air and liquid in collecting vessel 16, Fig. 1).
With regards to claim 24, Mazza teaches wherein the step of dispensing a flavoring liquid from the flavoring liquid dispenser comprises inserting a flavor capsule into the flavoring liquid dispenser and the pressurized gas supplied to the flavoring liquid dispenser drives a capsule opening mechanism to apply a dispensing force to the flavor capsule received in the flavoring liquid dispenser (inserting cartridge 4 into member 1 and pressured gas is supplied to central bore 11 to punch cartridge 4 open to force substance 5 out of extension 6, Fig. 1).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Leung et al and Mazza as applied to claim 13 above, and further in view of Lo Faro et al (US 10,485,374).
With regards to claim 17, Leung et al and Mazza teaches an electronic controller operative to control operation of the gas supply mechanism (control circuit can be used for automatic operation of magnetic valve 15,51 and 52 to control gas going to cartridge 4, Fig. 2 and 3).
Lueng et al and Mazza does not teach the flavor capsule comprises a machine-readable identifier; wherein the apparatus is operative to read the machine-readable identifier and electronic controller is operative to select a degree of aeration required based on the machine-readable identifier.
Lo Faro et al teaches the flavor capsule comprises a machine-readable identifier (an optical reader 80 in the portion 129 scans information from the capsule and sends it to the CPU, col 11, lines 10-12); wherein the apparatus is operative to read the machine-readable identifier and electronic controller is operative to select a degree of aeration required based on the machine-readable identifier (the device reads a code on the capsule and determines proportion size per container according to step 310 and in step 315, the device prompts the user to press down on the handle or otherwise initiate capsule seal breakage and in step 320, the dispenser requests that the user activate the hot or cold water beverage election and it is also possible that the beverage mixing process could be initiated by the pressing down on the cover to break the capsule and various automation features could be included to facilitate the initiation of the mixing process and automate the variety of the mixing process, col 13, lines 38-45).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Leung et al, Mazza, Lo Fara et al before him or her, to modify flavor capsule Leung et al and Mazza to include the optical scanner and information on the capsule as taught by Lo Fara et al because the combination allows for automatic beverage making.
Response to Arguments
Applicant's arguments filed 10/9/2025 have been fully considered but they are not persuasive.
Applicants argument: Applicant argues the prior art does not disclose or teach the amended features of claim 1.
Examiners response: Claim 1 has been amended to include “wherein: the apparatus further comprises a flavoring liquid dispenser comprising a flavoring liquid dispenser outlet; and the flavoring liquid dispenser comprises a flavor dispenser mechanism that is activated by gas pressure from the removable aerator bottle”. The limitations in the amendment were previously rejected in claims 5 and 9. Mazza teaches an apparatus for production of aerated beverages wherein the apparatus further comprises a flavoring liquid dispenser comprising a flavoring liquid dispenser outlet (a punching tool 7 and supporting member 1 having a cartridge 4 containing a liquid-flavoring substance 5 which allows flavored liquid out of an extension 6, Fig. 1 and 3) and the flavoring liquid dispenser comprises a flavor dispenser mechanism is activated by gas pressure from the removable aerator bottle (a pressurized gas (such CO.sub.2, compressed air) or with water at the pressure of the main, to establish a communication between the bore 11 and the atmosphere directly to cartridge 4, col 2, lines 44-46).
Applicants argument: Applicant argues the prior art does not disclose or teach the amended features of claim 18.
Examiners response: Claim 18 has been amended to include “wherein the method further comprises dispensing a flavoring liquid from a flavoring liquid dispenser into the receptacle, the flavoring liquid dispenser comprising a flavor dispenser mechanism; and the step of dispensing the flavoring liquid from the flavoring liquid dispenser comprises activating the flavor dispenser mechanism using gas pressure from the removable aerator bottle”. Mazza teaches wherein the method further comprises dispensing a flavoring liquid from a flavoring liquid dispenser into the receptacle (dispensing liquid flavoring substance 5 from cartridge 4, Fig. 3), the flavoring liquid dispenser comprising a flavor dispenser mechanism (member 1 comprising a cartridge 4, Fig. 3); and the step of dispensing the flavoring liquid from the flavoring liquid dispenser comprises activating the flavor dispenser mechanism using gas pressure from the removable aerator bottle (pressurized gas from central bore 11 is used to move substance 5 through cartridge 4, Fig. 3).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS JOHN WARD whose telephone number is (571)270-1786. The examiner can normally be reached Monday - Friday, 7am - 4pm.
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/THOMAS J WARD/Examiner, Art Unit 3761
/EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761
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